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Art.1 |
ARTICLE I Purpose and responsibility |
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Art.1.1 |
1. With the purpose of securing common and effective action to prevent the spread and introduction of pests of plants and plant products and to promote measures for their control, the contracting parties undertake to adopt the legislative, technical and administrative measures specific in this Convention and in supplementary agreements pursuant to Article III. |
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Art.1.2 |
2. Each contracting party shall assume responsibility for the fulfillment within its territories of all requirements under this Convention. |
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Art.5 |
ARTICLE V Phytosanitary certificates |
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Art.5.1 |
1. Each contracting party shall make arrangements for the issuance of phytosanitary certificates to accord with the plant protection regulations of other contracting parties, and in conformity with the following provisions: |
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Art.5.1.a |
(a) Inspection shall be carried out and certificates issued only by or under the authority of technically qualified and duly authorized officers and in such circumstances and with such knowledge and information available to those officers that the authorities of importing countries may accept such certificates with confidence as dependable documents. |
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Art.5.1.b |
(b) Each certificate for the export or re-export of plants or plant products shall be as worded in the Annex to this Convention. |
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Art.5.1.c |
(c) Uncertified alterations or erasures shall invalidate the certificates. |
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Art.5.2 |
2. Each contracting party undertakes not to require consignments of plants or plant products imported into its territories to be accompanied by phytosanitary certificates inconsistent with the models set out in the Annex to this Convention. Any requirement for additional declarations shall be kept to a minimum. |
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Art.6 |
ARTICLE VI Requirements in relation to imports |
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Art.6.1 |
1. With the aim of preventing the introduction of pests of plants and plant products into their territories, contracting parties shall have full authority to regulate the entry of plants and plant products and to this end, may: |
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Art.6.1.a |
(a) prescribe restrictions or requirements concerning the importation of plants or plant products; |
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Art.6.1.b |
(b) prohibit the importation of particular plants or plant products, or of particular consignments of plants or plant products; |
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Art.6.1.c |
(c) inspect or detain particular consignments of plants or plant products; |
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Art.6.1.d |
(d) treat, destroy or refuse entry to particular consignments of plants or plant products that do not comply with the requirements prescribed under subparagraph (a) or (b) of this paragraph, or require such consignments to be treated or destroyed or removed from the country; |
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Art.6.1.e |
(e) list pests the introduction of which is prohibited or restricted because they are of potential economic importance to the country concerned. |
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Art.6.2 |
2. In order to minimize interference with international trade, each contracting party undertakes to carry out the provisions referred to in paragraph 1 of this Article in conformity with the following: |
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Art.6.2.a |
(a.) Contracting parties shall not, under their plant protection legislation, take any of the measures specified in paragraph 1 of this Article unless such measures are made necessary by phytosanitary considerations. |
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Art.6.2.b |
(b) If a contracting party prescribes any restrictions or requirements concerning the importation of plants and plant products into its territories, it shall publish the restrictions or requirements and communicate them immediately to FAO, any regional plant protection organization of which the contracting party is a member and all other contracting parties directly concerned. (c) If a contracting party prohibits, under the provisions of its plant protection legislation, the importation of any plants or plant products, it shall publish its decision with reasons and shall immediately inform FAO, any regional plant protection organization of which the contracting party is a member and all other contracting parties directly concerned. |
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Art.6.2.d |
(d) If a contracting party requires consignments of particular plants or plant products to be imported only through specified points of entry, such points shall be so selected as not unnecessarily to impede international commerce. The contracting party shall publish a list of such points of entry and communicate it to FAO, any regional plant protection organization of which the contracting party is a member and all other contracting parties directly concerned. Such restrictions on points of entry shall not be made unless the plants or plant products concerned are required to be accompanied by phytosanitary certificates or to be submitted to inspection or treatment. |
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Art.6.2.e |
(e) Any inspection by the plant protection organization of a contracting party of consignments of plants or plant products offered for importation shall take place as promptly as possible with due regard to the perishability of the plants or plant products concerned. If any commercial or certified consignment of plants or plant products is found not to conform to the requirements of the plant protection legislation of the importing country, the plant protection organization of the importing country must ensure that the plant protection organization of the exporting country is properly and adequately informed. If the consignment is destroyed, in whole or in part, an official report shall be forwarded immediately to the plant protection organization of the exporting country. |
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Art.6.2.f |
(f) Contracting parties shall make provisions which, without endangering their own plant production, will keep certification requirements to a minimum, particularly for plants or plant products not intended for planting, such as cereals, fruits, vegetables and cut flowers. |
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Art.6.2.g |
(g) Contracting parties may make provisions, with adequate safeguards, for the importation for purposes of scientific research or education, of plants and plant products and of specimens of plant pests. Adequate safeguards likewise need to be taken when introducing biological control agents and organisms claimed to be beneficial. |
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Art.6.3 |
3. The measures specified in this Article shall not be applied to goods in transit throughout the territories of contracting parties unless such measures are necessary for the protection of their own plants. |
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Art.6.4 |
4. FAO shall disseminate information received on importation restrictions, requirements, prohibitions and regulations (as specified in paragraph 2( b), (c) and (d) of this Article) at frequent intervals to all contracting parties and regional plant protection organizations. |
